S.K.AGARWAL, J. - (1.) THESE two criminal appeals, being Criminal Appeal No. 829 of 1996 (filed on behalf of Bansh Bahadur Singh and Jai Pratap Singh alias Ram Pratap Singh) and Criminal Appeal No. 776 of 1996 (filed on behalf of Narendra Singh alias Natey Singh) arise from the judgment and order dated 23-4-1996 passed by the then Sessions Judge, Azamgarh. These three appellants were convicted and sentenced to imprisonment for life under Section 302/34 I.P.C. for committing murder of Vinod Singh and Pramod Singh. They were, however, acquitted of the charges under Section 307 I.P.C. read with Section 34 I.P.C. and Sections 504/506 I.P.C. for making an attempt on the life of complainant Ram Kesar Singh. The learned Sessions Judge had also acquitted them for the murder of Smt. Usha Devi wife of Ram Kesar Singh, the first murder in the chain. Since both the appeals arise from a common judgment we have heard them together and decided them by this common judgment. It may be noteworthy that no Government Appeal was preferred against the acquittal of these appellants for the charges under Section 307 I.P.C. read with Section 34 I.P.C. and Section 302/34 I.P.C. regarding the murder of Smt. Usha Devi. The findings of the learned Sessions Judge thus in this regard have attained finality and are not open to re-agitation.
(2.) THE prosecution version, in brief, is that it the early hours of the day on 22-6-1994 three persons, viz. Smt. Usha Devi, Vinod Singh and Pramod Singh, were done to death in village Pakardiha within the jurisdiction of P.S. Atraulia, District Azamgarh. According to the prosecution story there was long standing enmity between the informant , P.W. 1 Ram Kesar Singh, and appellant Bansh Bahadur Singh due to litigation in respect of a piece of land. In the past Ram Garib alias Ram Singh, father of appellant Bansh Bahadur Singh, was murdered. In that case Bhagwati Singh and Vednath Singh, father and brother of Ram Kesar Singh, were the accused. Appellant Narendra Singh's father was a prosecution witness in the trial. The case relating to the piece of land according to FIR was decided in favour of P.W. 1 Ram Kesar Singh on 26-2-1993 by this High Court. On that basis his name was mutated in the revenue records. Against the mutation order appellant Bansh Bahadur Singh preferred a revision. 22-6- 1994 was the date fixed for hearing in that revision. On that date Ram Kesar Singh alongwith his wife Smt. Usha Devi, the first deceased, was proceeding to attend Court. Ram Kesar Singh started from his house on a cycle with his wife at about 5.15 or 5.30 a.m. When they reached near the sugarcane field of Jiledar and Subedar Singh. On the outskirt of village Pakardiha, appellant Bansh Bahadur Singh with his licensed gun, his father-in-law appellant Narendra Singh alias Natey Singh, and brother- in-law appellant Jai Pratap Singh alias Ram Pratap Singh armed with country made pistols, came there on a motor-cycle. After stopping the motor- cycle on the road they accosted Ram Kesar Singh stating that he and his family will be killed as he is going to attend the Court in the above said revision. P.W. 1 Ram Kesar took to his heels towards east to save his life leaving his cycle and wife on the road. Appellant Bansh Bahadur Singh is said to have opened fire towards P.W. 1 from his gun but without any resultant injury to P.W. 1. His wife ran towards her village. She was chased by all the appellants. When she reached near the house of Jangali and Bangali, she was surrounded by the appellants. She was fired upon a number of times. It caused her instantaneous death. This incident was witnessed by Jangali and Bangali besides P.W. 1 Ram Kesar Singh. The act of retribution does not end here. All these appellant thereafter, proceeded towards the house of P.W. 1 Ram Kesar Singh on their motor-cycle. They declared there also “let us wipe of whole family of Ram Kesar Singh today.” Ram Kesar Singh who followed these appellants raised alarm immediately. These appellants at the house of the informant caused murder of Vinod Singh, son of P.W. 1 Ram Kesar Singh and Pramod Singh, his nephew, using their fire-arms. These boys were sleeping outside his house on different cots under the open sky. This latter incident was witnessed by P.W. 2 Km. Ranju Singh, daughter of P.W. 1 Ram Kesar Singh and P.W. 3 Pradeep Singh, brother of deceased Pramod Singh and one Lal Chand. Apart from them Jai Narain Singh and a large number of other villagers also witnessed the incident. After committing the offence the appellants safely withdraw from the spot. P.W. 1 Ram Kesar Singh, after gathering himself, prepared the report Ext. Ka-1 and proceeded for police station Atraulia at 6.30 a.m. on 22-6-1994. On the basis of this written report investigation of this case was entrusted to P.W. 4 Sheo Ganesh Gautam. He recorded statement of the informant P.W. 1 Ram Kesar Singh at the police station and thereafter proceeded to the scene of occurrence along with force. After inspecting dead bodies he appointed Panch witnesseds and got prepared inquest memos by S.I., M.U. Siddiqui. The dead bodies thereafter, were sent for post-mortem examination to the mortuary. The spots of both incidents were also inspected and their site-plans were prepared by him. Plain and blood stained earth from these places were collected. Cycle and Chappal of deceased Smt. Usha Devi were also taken into possession and Fard prepared for them. Some spent cartridges and pellets were also recovered from the site where Smt. Usha Devi was murdered. Empty cartridges and Tiklis were also recovered from the place of murder of Pramod Singh and Vinod Singh. After completing the investigation, charge-sheet was submitted by him. Autopsy on the person of Smt. Usha Devi was conducted by P.W. 5, Dr. K.K. Singh on 23-6-1994 at 1.00 p.m. and following ante- mortem injuries were found by him: (1) Gutter shaped fire-arm wound of entry and exit united with each other 22 cm. x 16 cm. over left side skull x skull cavity deep x face. Wound of entry starts at left ear x temporal region with inverted laecrated margin with blackening, tattooing, scorching present. Size 10 cm. x 6 cm. Fire-arm wound of exit unites at forehead left side nose both eyes mandible left and right area size 12 cm. x 8 cm. margin everted, lacerated, no blackening, tattooing, scorching present, directed anteriorly, inferiorly and downward. Brain matter badly lacerated. All bones are badly crushed into pieces, eyes missing. One wading cork piece and 4 metallic pellets recovered from the injury. (2) Fire-arm wound of entry 3 cm. x 2 cm. x abdomen cavity deep left side back 8 cm. from iliac crest and 4 cm. from mid-line. Margin lacerated, inverted, no blackening, tattooing, scorching present. (3) Fire-arm wound of exit 10 cm. x 8 cm. x abdomen cavity deep left side abdomen 16 cm. From umblicus at one O'clock position. Blackening, tattooing scorching absent. Margin everted and lacerated. Injury No. 2 connects injury No. 3 directly anteriorly upwards. Loops of intestine coming out. Cause of death was noted to be coma as a result of ante-mortem injuries. Her post-mortem examination report is Ext. Ka-31.
(3.) ON the same day at 1.40 p.m. P.W. 5 Dr. K.K. Singh conducted autopsy on the dead body of Pramod Singh. He noticed following ante-mortem injuries: (1) Fire-arm wound of entry 2 cm. x 2 cm. x brain cavity deep right side face 2 cm. from right ear. Blackening, tattooing, scorching present. Margin inverted and lacerated. (2) Fire-arm wound of exit 4 cm. x 3 cm. x brain cavity deep at medial end of left eye. No blackening, tattooing, scorching. Margin lacerated and everted injury No. 1 connect injury No. 2 directly right to left upwards, fracture of mandible, right maxilla, frontal an nasal bone present. One wading cork recovered in brain matter. (3) Fire-arm wound of entry 2 cm. x 2 cm. x chest and abdomen cavity deep right side chest. 13 cm. from right nipple at 7 O'clock position. Blackening, tattooing and scorching present. One wading cork recovered (two pieces) 20 pellets metallic recovered from chest and abdomen cavity. Cause of death was shock and haemorrhage as a result of ante- mortem injuries. His post-mortem examination report is Ext. Ka- 32. ;